WVC 61-11-19
§61-11-19. Procedure in trial of persons for second or third
offense.
It shall be the duty of the prosecuting attorney when he has
knowledge of former sentence or sentences to the penitentiary of
any person convicted of an offense punishable by confinement in the
penitentiary to give information thereof to the court immediately
upon conviction and before sentence. Said court shall, before
expiration of the term at which such person was convicted, cause
such person or prisoner to be brought before it, and upon an
information filed by the prosecuting attorney, setting forth the
records of conviction and sentence, or convictions and sentences,
as the case may be, and alleging the identity of the prisoner with
the person named in each, shall require the prisoner to say whether
he is the same person or not. If he says he is not, or remains
silent, his plea, or the fact of his silence, shall be entered of
record, and a jury shall be impanelled to inquire whether the
prisoner is the same person mentioned in the several records. If
the jury finds that he is not the same person, he shall be
sentenced upon the charge of which he was convicted as provided by
law; but if they find that he is the same, or after being duly
cautioned if he acknowledged in open court that he is the same
person, the court shall sentence him to such further confinement as
is prescribed by section eighteen of this article on a second or
third conviction as the case may be.

The clerk of such court shall transmit a copy of said
information to the warden of the penitentiary, together with the
other papers required by the provisions of section ten, article eight (seven), chapter sixty-two of the code of West Virginia, one
thousand nine hundred thirty-one.

Nothing contained herein shall be construed as repealing the
provisions of section four, article eight, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, but no
proceeding shall be instituted by the warden, as provided therein,
if the trial court has determined the fact of former conviction or
convictions as provided herein.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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